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Darren Cesario v. DAVIDsTEA (USA) INC., DAVIDsTEA Inc.

Filed

Case details

Standards cited
WCAG 2.1 AA

Summary

According to the complaint, Darren Cesario, a visually impaired individual, is suing DAVIDsTEA (USA) INC. and DAVIDsTEA Inc. for failing to provide an accessible website, www.davidstea.com. The plaintiff alleges that he encountered numerous accessibility barriers that prevented him from independently accessing product information and completing purchases. These barriers included missing alternative text for images, unlabeled buttons, and low contrast text, which violate the Americans with Disabilities Act and New York state laws. Cesario seeks injunctive relief to ensure the website is compliant with accessibility standards and compensatory damages for the discrimination he faced.

About the defendant

A specialty tea retailer that sells loose-leaf teas, prepacked teas, tea accessories, and related consumer products through an interactive e-commerce platform.

What the complaint says

The problems the plaintiff describes with the website.

  • Plaintiff encountered accessibility barriers on the Website including missing alternative text for images, unlabeled buttons, broken ARIA references, and low contrast text.
  • Defendants failed to ensure the Website complies with WCAG 2.1 AA standards, denying equal access to blind consumers.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

  • Violations of the ADA, 42 U.S.C. § 12182 et seq.
  • New York State Human Rights Law (NYSHRL)
  • Violations of the New York State Civil Rights Law
  • Violations of the New York City Human Rights Law

What the plaintiff asks for

What the plaintiff wants the court to order.

  • A preliminary and permanent injunction to prohibit Defendant from violating the Americans with Disabilities Act.
  • A declaration that Defendant owns, maintains and/or operates the Website in a discriminatory manner.
  • Compensatory damages in an amount to be determined by proof.

Proposed class

The group of people the plaintiff asks to represent, so the case can cover them too.

All legally blind individuals in the United States who, during the applicable limitations period, attempted to access and use www.davidstea.com and were denied full and equal enjoyment of its goods, services, privileges, advantages, or accommodations because of accessibility barriers.